No lease, lanlord entitled to past due rent?

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Old Feb 16th, 2011, 09:18 PM   #1
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Question No lease, lanlord entitled to past due rent?

Been without a lease for over 6 months. Is the lanlord in nj entitled to any past due rent since there was no lease and no month to month agreement?
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Old Feb 16th, 2011, 10:51 PM   #2
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Default Re: No lease, lanlord entitled to past due rent?

I wish to inform you that if a person had stayed as a tenant then a person is liable to pay rent for the period for which the person has stayed. In this regard the tenancy will be treated as month to month tenancy. As the person has taken benefit by staying for 6 months therefore a person will be liable to pay rent for 6 month.

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Old Feb 17th, 2011, 12:56 AM   #3
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Default Re: No lease, lanlord entitled to past due rent?

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Been without a lease for over 6 months. Is the lanlord in nj entitled to any past due rent since there was no lease and no month to month agreement?
What makes you think that a LL is not entitled to rent if there was no written lease or rental agreement in force? If a lease expired, then it continues, as a matter of law, as a month-to-month tenancy, unless the prior written lease states otherwise.

I would ALSO check that prior written lease to see if the lease terms changed upon conversion to a month-to-month tenancy at the expiration of the original lease period. Some leases have a "holdover tenancy" clause that can even INCREASE the rent once the original lease expires if the tenant chooses to remain in possession. In some cases, a holdover tenant can be charged 2x the original rent each month they holdover.

You can also read here for more info on Holdover Tenancy in NJ: http://www.meislik.com/articles/tena...in_new_jersey/
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Old Feb 17th, 2011, 04:47 PM   #4
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Default Re: No lease, lanlord entitled to past due rent?

The lanlord was supposed to have a new lease provided to us for a second year and told me he would drop it in the mailbox, but never did. Also, there is no clause in our original expired lease that says we go month to month or the lease automatically renewed. The negligence for not having a lease falls on the lanlord. Does it not?
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Old Feb 17th, 2011, 05:07 PM   #5
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Default Re: No lease, lanlord entitled to past due rent?

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The lanlord was supposed to have a new lease provided to us for a second year and told me he would drop it in the mailbox, but never did. Also, there is no clause in our original expired lease that says we go month to month or the lease automatically renewed. The negligence for not having a lease falls on the lanlord. Does it not?
The law provides that a tenancy becomes month-to-month if you continue to occupy the rental unit after the expiration of a fixed lease and that lease does not include an automatic renewal clause. If the lease and governing law doesn't specify otherwise, the rental rate remains the same.

It doesn't matter whether or not the LL provided a new lease to you, nor does his failure to do so negate your obligation to pay rent while continuing to occupy the rental unit. Since you decided to remain in possession, you still owe the rent for your continued occupation regardless of whether or not there is a written lease or rental agreement in force.

You don't seem to get this. You seem to think that because the lease expired, you get to live there for free, which is definitely not the case. The LL is absolutely entitled to demand rent and collect it from you, and you are obligated to pay. Either pay the rent that you owe or move, or you will be subject to eviction for your nonpayment of rent.
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Old Jul 1st, 2011, 05:05 AM   #6
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Default Re: No lease, lanlord entitled to past due rent?

But what if you're living in a situation with NO LEASE and the landlord is trying to just arbitrary raise the rent on you; then what do you do?
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Old Jul 1st, 2011, 08:30 AM   #7
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Default Re: No lease, lanlord entitled to past due rent?

A person is obligated to pay rent for each and every month he or she resides at a premises. A lease is a guarantee and obligation to rent a premises for a given time. A month to month rental can be terminated with proper notice. But in no event may a person rent a place, month to month or on lease and then refuse to pay for the time he or she has inhabited the premises. Past due is the operative phrase here -- it was due, not paid, it is now past due and the landlord may collect.
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Old Jul 1st, 2011, 09:42 AM   #8
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Default Re: No lease, lanlord entitled to past due rent?

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But what if you're living in a situation with NO LEASE and the landlord is trying to just arbitrary raise the rent on you; then what do you do?
Depending on which state this takes place in, their are Landlord/Tenant laws that provide answers to your question.

For instance, in some states, rent cannot be increased without a valid lease. This means if there exists a month to month tenancy, the landlord will have a tougher time arbitrarily raising the rent.

Your best bet is to do some research right in your own backyard regarding Landlord/Tenant law. Contact an attorney or a legal assistance organization in your area for assistance.

The best defense is knowledge of the law.
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